SKILLED TRADES STAFF - DEPARTMENT OF AGEING, DISABILITY AND HOME CARE (STATE) AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 4573 of 2004)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

1.         Arrangement

2.         Definitions

3.         Interaction with Other Instruments

4.         Hours of Work

5.         Classification Structure

6.         Roll-Up of Allowances

7.         Boiler Attendant Allowance

8.         Thermostatic Mixing Valve Allowance

9.         Dispute Resolution Procedure

10.       Union Subscriptions

11.       Wages and Allowances

12.       Work at Alternative Worksite

13.       Area, Incidence and Duration

14.       Leave Reserved

15.       No Extra Claims

 

PART B

 

Schedules of Rates of Wages and Allowances

 

Annexure 1 - Memorandum of Understanding between the Parties

 

 

2.  Definitions

 

In this award:

 

"Department" means the New South Wales Department of Ageing, Disability and Home Care (DAD&HC)

 

"Union/s" means:

 

Construction Forestry Mining Energy Union (CFMEU) General and Construction Division, New South Wales Branch; and/or

 

Electrical Trades Union of Australia, New South Wales Branch; and/or

 

Plumbers and Gasfitters Employees Union, New South Wales Branch; and/or

AMWU (NSW registration as Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union) (AFMEPKIU)

 

3.  Interaction with Other Instruments

 

All employee conditions not specified in this award will be in accordance with the Crown Employees Skilled Trades Award, the Public Sector Employment and Management Act 2002 and Public Sector Management (General) Regulation 1996.  To the extent of any inconsistency between the provisions of this award and those other instruments named above, the provisions of this award will apply.

 

4.  Hours of Work

 

(i)         Local Departmental management and trades staff at each work site may negotiate specific ordinary hours of duty.  Any such site agreement will be subject to the following conditions:

 

(a)        an average of 38 hours per week worked over a four-week period;

 

(b)        optimal staffing levels being maintained at all times to perform required duties;

 

(c)        no additional expense such as payment of overtime or employment of casuals;

 

(d)        where a nine-day fortnight is negotiated, arrangements are to be at the Department’s convenience;

 

(e)        if sick leave is taken on the working day prior to or following a rostered day off, a doctor’s certificate must be provided; and

 

(f)         alterations in start and finish times are to be implemented by agreement.

 

(ii)        The parties agree to commence negotiations on any proposed variation to existing hours of work within six weeks of the proposal being received from nominated representatives.

 

(iii)       An employee may be directed by Departmental management to work overtime, provided it is reasonable for the employee to be required to do so.  In determining what is reasonable, the employee’s prior commitments outside the workplace, particularly their family responsibilities, community obligations or study arrangements, shall be taken into account.  Consideration shall be given also to the urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services.

 

5.  Classification Structure

 

(i)         Pay levels as a percentage of base pay rates are:

 

Title	% of Relevant Base Rate
Level 1 Tradesperson	100%
Level 2 Tradesperson	105%
Level 3 Tradesperson (Trades Co-ordinator and Trades Specialist)	110%
Level 4 Tradesperson (Trades Specialist Advanced)	115%

 

(ii)        Definitions of the levels are as follows:

 

(a)        Level 1 Tradesperson (100%)

 

Level 1 is applicable to a Tradesperson who:

 

(1)        has completed an apprenticeship, licence or equivalent; and

 

(2)        can work to the skills level of their training within their trade; and

 

(3)        is able to be responsible for the quality of his/her work.

 

A Tradesperson at this level may be required to work with other Tradespersons from other trades and supervise or train Apprentices on the job.  Staff at this level will have demonstrated a capacity and commitment to implement EEO policies and OH&S standards.

 

(b)        Level 2 Tradesperson (105%)

 

Level 2 is a more advanced trades level applicable to a Tradesperson who:

 

(1)        carries out tasks competently and has demonstrated a record of successful performance at Level 1 over a period of no less than 12 months; and

 

(2)        has been successful in applying for a Level 2 position; and

 

(3)        is able to perform work in one or more areas of work, enabling work to be carried out over a range of tasks, i.e. performing in the trade and in tasks peripheral to the trade, equivalent to competencies requiring 120 hours of training; or

 

(4)        has completed 120 hours of approved courses and is regularly required to use the skills and knowledge acquired in such courses; and

 

(5)        has demonstrated confidence and adaptability with respect to the special needs of clients; and

 

(6)        has demonstrated knowledge of the Department’s functions and roles and knowledge of the NSW Disability Services Act 1993 and Policies for Working with People with Disabilities; and

 

(7)        communicates excellently with colleagues, clients and customers.

 

A Tradesperson at this level may be required on occasions to carry out cross-skilled work and multi-skilled functions.  Staff at this level will have demonstrated a capacity and commitment to implement EEO policies and OH&S standards.

 

(c)        Level 3 Trades Co-ordinator or Trades Specialist (110%)

 

A Trades Specialist can operate independently, efficiently and productively at an advanced level in his/her specialised field with a minimum of supervision.  Level 3 is a more advanced trades level applicable to a Tradesperson who:

 

(1)        has been successful in applying for a Level 3 position; and

 

(2)        has demonstrated advanced skills in a particular trade (to be known as a "Trades Specialist"); and

 

(3)        either has the capacity to perform complex tasks in a specified area, indicating advanced skills in a particular trade equivalent to competencies requiring 240 hours of training, or has advanced skills equivalent to 240 hours of approved courses and is regularly required to use the skills and knowledge acquired in the training; and

 

(4)        has shown a capacity to be able to anticipate technical problems, develop solutions to technical problems and write reports on technical issues; and

 

(5)        is required to provide trade advice and contractor supervision.

 

Staff at this level will have demonstrated a capacity and commitment to implement EEO policies and OH&S standards.

(d)        Level 4 Trades Specialist Advanced (115%)

 

The Trades Specialist Advanced is similar to the relevant Level 3 position but requires advanced skills equivalent to 360 hours of approved courses, being regularly required to use the skills and knowledge acquired in such courses.  Staff at this level will have demonstrated a capacity and commitment to implement EEO policies and OH&S standards.

 

(iii)       Leading Hand Allowances will be maintained and paid in addition to any wage rates applicable in the above structure.

 

(iv)       Determination of positions and levels according to the above classification structure will be made by the Department at each location and employees may apply for appointment to any created position.  Appointment to positions will be in terms of the merit selection process among employees who hold relevant qualifications for each position.

 

(v)        Any dispute in the creation or filling of any position will be dealt with in the first instance by a committee established at each work location.  This committee will comprise of at least two Departmental and two Union representatives.  Should the committee fail to resolve any dispute, the matter is to be processed in accordance with the dispute settlement procedures.

 

6.  Roll-Up of Allowances

 

Environmental Allowance (Mental Institutions Allowance) and Annual Leave Loading are already rolled up into the base wage.

 

Base wage rates were increased by $30.00 per week to incorporate the equivalent of the Mental Institutions Allowance and were wages increased by 1.35% to reflect the Annual Leave Loading on 1 February 1998.

 

7.  Boiler Attendant Allowance

 

An officer being the possessor of a Boiler Attendant’s Certificate who is required to supervise or operate a boiler shall for each week he/she is so required shall be paid in addition to the rates prescribed an amount per instance as specified in Part B of this award.

 

8.  Thermostatic Mixing Valve Allowance

 

An officer who is a licensed plumber and holds a Thermostatic Mixing Valve Certificate issued by a College of Technical and Further Education and is required to act upon such certificate shall be paid an allowance at a weekly rate as specified in Part B of this award.

 

9.  Dispute Resolution Procedures

 

(i)         The aim of the procedure is to ensure that industrial grievances or disputes are prevented, or resolved as quickly as possible, at the level they occur in the workplace.  For the purposes of this procedure, industrial grievances or disputes are distinguished from grievances dealt with under public service grievance-handling procedure, e.g. complaints of discrimination.

 

(ii)        When a dispute or grievance arises, or is considered likely to occur, the following steps are to be followed:

 

(a)        where a dispute arises at a particular work location, discussions shall be held between the officer/s concerned and the immediate supervising officer;

 

(b)        failing resolution of the issues at that level, further discussions shall take place between the employee, the relevant local delegate or employee representative and the supervising officer or manager;

(c)        if the dispute remains unresolved, the local delegate shall refer the matter to the Union official who will confer with the Area Manager or General Manager; and

 

(d)        if the dispute is not resolved at that stage, the matter is to be referred to the Assistant Director, Industrial Relations or senior industrial relations officer who will assume responsibility for liaising with Senior Executive members of the Department and advise of their final position.

 

(iii)       If the matter remains unresolved following the above process, it may be referred by either party to the Industrial Registrar.

 

(iv)       Whilst these procedures are taking place, no ban, limitation or stoppage of work shall take place.

 

(v)        In cases where a dispute is premised on an issue of safety and is unable to be resolved at the Area/Divisional level, the matter should be referred to the Assistant Director, Industrial Relations or senior industrial relations officer for further consultation with the Union/s.

 

10.  Union Subscriptions

 

The Department agrees to automatically deduct Union dues on behalf of Unions as defined from the pay of Union members once authorised by the employee.

 

11.  Wages and Allowances

 

Wages and allowances are shown in Part B of this award.

 

12.  Work at Alternative Worksite

 

(i)         General

 

(a)        The terms of this clause replace clause 8, Excess Fares and Travelling, of the Crown Employees Skilled Trades Award.

 

(b)        This clause does not apply where an employee is recalled to duty after leaving work, in which case the call-back provisions of the Crown Employees Skilled Trades Staff Award apply.

 

(c)        For the purposes of this clause, a reference to a "worksite" means each individual sub-site of MetWest Residences and Hunters Residences, including but not limited to Rydalmere, Marsden, Lachlan, Stockton, Kanangra, Morriset and Marsden Rehabilitation Centre (MRC).

 

(ii)        Mobility Allowance and Excess Travelling Time

 

Where an employee is required to travel to an alternative worksite and has not been temporarily transferred to that site pursuant to subclause (v) of this clause:

 

(a)        An employee is to be paid a Mobility Allowance at the rate indicated in Part B of this award per day ($5.80) where required by the Department to travel to an alternative worksite in circumstances where no notice of the requirement to do so was provided prior to leaving work the previous day.  Such Mobility Allowance will be payable regardless of whether the required travel is undertaken within or outside of ordinary working hours and regardless of the transportation arrangements utilised to attend the alternative worksite.

 

(b)        Notice of a regular requirement to travel to an alternative worksite can be given to the employee once.  Such notice must be written and include advice as to the days of the week/fortnight/month. etc., that the travel will be required.  Notice given pursuant to this paragraph also serves as notice "prior to leaving work the previous day" referred to in paragraph (a) of this subclause.

 

(c)        Where an employee is required to commence his/her ordinary hours at an alternative worksite, he/she is to be paid at ordinary rates for any travelling time in excess of that time usually taken to travel to and from their home and usual worksite. The payment of such ordinary rates is to be rounded to the nearest 15 minutes.

 

 

(iii)       Mileage Allowances and Fares.

 

Where an employee is required to travel to an alternative worksite and has not been temporarily transferred to that site pursuant to subclause (v) of this clause:

 

(a)        And subject to the provisions of paragraph (d) of this subclause, an employee will be paid Mileage Allowance at the following rates where directed by the Department to utilise their own vehicle in order to travel to and from an alternative worksite;

 

Engine Capacity
Over 2700cc	75.9c per kilometre
1600cc to 2700cc	70.6c per kilometre
Under 1600cc	50.6c per kilometre

 

(b)        And subject to the provisions of paragraph (d) of this subclause, an employee will be paid Mileage Allowance at the following rates where the employee opts to utilise their own vehicle to travel to and from an alternative worksite and the Department agrees to that occurring prior to the employee utilising their own vehicle;

 

Engine Capacity
Over 2700cc	27c per kilometre
1600cc to 2700cc	25c per kilometre
Under 1600cc	21.1c per kilometre

 

(c)        And subject to the provisions of paragraph (d) of this subclause, an employee who utilises public transport in order to travel to and from an alternative worksite will be reimbursed any public transport costs.

 

(d)        Where the use of the employee's vehicle or fare incurred relates to the journey between the employee's home and the alternative worksite to commence work or relates to the journey between the alternative worksite and the employee's home at the cessation of work, the amount of Mileage Allowance or fares which can be claimed under this subclause will be limited to that number of kilometres or fare which is in excess of that reasonably incurred by the employee in relation to the journey to and from the employee's home and usual worksite.

 

(iv)       Rest Periods, Tea Breaks and Unpaid Meal Periods

 

If still working at an alternative worksite at the relevant time and, unless specifically advised otherwise:

 

(a)        An employee is to take any paid rest period or tea break at the alternative site.

 

(b)        Employees may not travel to the usual worksite in Departmental time or in a Departmental vehicle in connection with the unpaid meal period.

 

(c)        Nothing will be payable to an employee in relation to the use of the employee's vehicle or fare incurred in connection with the unpaid meal period.

 

(v)        Temporary Transfer to Alternative Worksite

 

An employee may be directed to work from an alternative worksite for one week or more on a temporary transfer basis where that direction is reasonable.  For the purposes of subclauses (ii) and (iii) of this clause, where such a direction has been given, the alternative worksite will be deemed to be the usual worksite upon the expiry of two weeks' notice or immediately upon commencement at the alternative worksite where two weeks' or more notice was given.

 

 

 

 

13.  Area, Incidence and Duration

 

This award shall apply to employees and Apprentices indicated by the trades specified in Part B of this award employed by the Department.

 

(i)         This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Skilled Trades Staff - Department of Ageing, Disability and Home Care (State) Award 2001 published 1 March 2002 (331 I.G. 820).

 

(ii)        The award published 1 March 2002 took effect the first full pay period commencing on or after 16 August 2001 and remained in force for a period of 12 months.

 

(iii)       The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 5 October 2004.

 

(iv)       This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

14.  Leave Reserved

 

Leave is reserved to all/any of the parties to pursue award variations which give effect to or which are consistent with the Memorandum of Understanding between the parties at Annexure 1.

 

15.  No Extra Claims

 

During the term of this award, no wages or other claims may be made, except if expressly provided for or otherwise agreed by the parties.

 

PART B

 

RATES OF WAGES AND ALLOWANCES

 

 

Annexure 1

 

MEMORANDUM OF UNDERSTANDING BETWEEN THE PARTIES

 

Memorandum of Understanding between

 

NSW Government (Public Sector Management Office);

 

NSW Department of Community Services;

 

Construction Forestry Mining and Energy Union (Construction and General Division) Division;

 

NSW Plumbers and Gasfitters Union;

 

Electrical Trades Union of Australia - NSW Branch; and

 

Automotive Food Metal Engineering Printing and Kindred Industries Union (AFMEPKIU)

 

Clause No.          Subject Matter

 

1.         Preamble

2.         Objectives

3.         The Parties

4.         Outcome

5.         Wages Increases, Duration and Funding Strategies

6.         Dispute Resolution

7.         Signatures of the Parties

 

1.  Preamble

 

This Memorandum of Understanding (MOU) is a commitment between the parties to progress priority issues for continued reform in the NSW public sector generally and in DoCS specifically in settlement of wages and award negotiations between the parties.

 

This MOU intends a co-operative and productive partnership to achieve a co-ordinated, whole-of-Government approach to improving service delivery to the people of NSW and enhancing the quality of life of employees.  This includes taking a balanced approach to economic, social and environmental impacts of these initiatives.

 

This MOU is premised on the basis that there will be no new salaries or conditions claims during the term of this MOU, excepting for claims made for the purpose of generating sufficient savings to fund those portions of wages increases which are to be funded by future reforms, savings and efficiencies, or excepting as otherwise agreed.  The term of this MOU is from the date it is signed by all parties to 30 June 2004.

 

The relevant award is to be varied to give effect to the provisions of this MOU and to reflect changes arising from the operation of the MOU as those occur.

 

2.  Objectives

 

The objectives of this MOU are:

 

To maintain harmonious industrial relations in the workplace;

 

To promote efficiency and productivity in the NSW public sector generally and in DOCS specifically;

 

To promote active participation in workplace reform by DOCS, unions and employees;

 

To facilitate appropriate regulation of employment conditions through awards, enterprise arrangements and other industrial instruments;

 

To encourage DOCS and unions to work together to provide services which meet the needs of the local community; and

 

To promote integrated services through sharing service arrangements, redesigning systems and utilising new technological opportunities.

 

3.  The Parties

 

The parties to this MOU are:

 

NSW Government (Public Sector Management Office);

 

NSW Department of Community Services;

 

Construction Forestry Mining and Energy Union (Construction and General Division) Division;

 

NSW Plumbers and Gasfitters Union;

 

Electrical Trades Union of Australia - NSW Branch; and

 

Automotive Food Metal Engineering Printing and Kindred Industries Union (AFMEPKIU).

 

4.  Outcome

 

This MOU recognises a long-term commitment by the parties to ongoing reform of the NSW public sector generally and of DOCS.  It intends the achievement of improved service delivery to the people of NSW and enhanced quality of work life of employees through co-operative workplace reform and equitable and productive workplace relations.

 

5.  Wages Increases, Duration and Funding Strategies

 

This MOU provides for Wage/Wage Related Allowances increases in the percentages (%’s) shown in the table below.  Such increases are to apply from the first full pay period to commence on or after the dates indicated, and are to be funded from the budget and from future DOCS Trades Staff reforms, savings and efficiencies resulting from this MOU.

 

 

In identifying future reforms, savings and efficiencies, DoCS needs and priorities are to be met.  The parties agree to develop a method for quantification and verification of savings.  The parties at agency level agree to meet as often as is necessary to develop and agree on those future reforms, savings and efficiencies.

 

A number of key sector wide priorities are identified in Appendix A to the Memorandum of Understanding between the NSW Government and the major public sector unions, signed 2 March 2000.

 

6.  Dispute Resolution

 

The dispute procedure contained in the relevant award is to be followed.  Should a matter not be resolved with DOCS in a reasonable period of time, it should be referred to the appropriate union and/or the Director-General, Premier’s Department for resolution.

 

The parties may seek the assistance of the NSW Industrial Relations Commission should these procedures not resolve the matter.  Normal work will continue while these procedures are being followed, unless the dispute involves a bone fide workplace health and safety hazard or risk.

 

7.  Signature of the Parties

 

This Memorandum of Understanding (Agreement) is made at Sydney on 24 July 2001 and shall have effect from that day.  This agreement will expire on 30 June 2004.

 

Signed for and on behalf of the Public Employment Office Premier’s
Department
in the presence of:
Signed for and on behalf of the NSW Department of Community
Services
in the presence of:
Signed for and on behalf of the Construction, Forestry, Mining and
Energy Union (Construction and General Division) NSW Branch
in the presence of:
Signed for and on behalf of the NSW Plumbers and Gasfitters Union
in the presence of:
Signed for and on behalf of the Electrical Trades Union of Australia,
NSW Branch
in the presence of:
Signed for and on behalf of the Automotive, Food, Metal,
Engineering, Printing and Kindred Industries (AFMEPKIU)
in the presence of:

 

 

 

R. W. HARRISON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.